# The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016, Paragraph 35: Third Parties (Rights against Insurers) Act 2010


(1) The Third Parties (Rights against Insurers) Act 2010 is amended as follows.
(2) In section 4 (individuals)—
(a) in subsection (2)—
(i) for “any” substitute “either”;
(ii) for the words from “that”, where it first occurs, to “estate)” substitute “the individual’s estate”;
(iii) in paragraph (a), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”;
(iv) at the end of paragraph (a) insert “or”; and
(v) omit paragraph (c) and the “or” which immediately precedes paragraph (c).
(b) in subsection (5), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”; and
(c) omit subsection (6).
(3) In section 5(2) (individuals who die insolvent)—
(a) in paragraph (b), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”; and
(b) in paragraph (c), for “1985” substitute “2016”.
(4) In section 6 (corporate bodies etc.)—
(a) in subsection (3)—
(i) in paragraph (a), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;
(ii) in paragraph (b), for “under” substitute “by virtue of”;
(iii) at the end of paragraph (b) insert “or”;
(iv) in paragraph (c), for “1985” substitute “2016”; and
(v) omit paragraph (d) and the “or” which immediately precedes paragraph (d).
(b) in subsection (7), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;
(c) omit subsection (8); and
(d) in subsection (9)(c), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”.
(5) In section 7 (Scottish trusts)—
(a) in subsection (1)—
(i) in paragraph (a), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;
(ii) at the end of paragraph (a) insert “or”; and
(iii) omit paragraph (c) and the “or” which immediately precedes paragraph (c);
(b) in subsection (2), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;
(c) omit subsection (3); and
(d) in subsection (4), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”.
(6) In section 14 (effect of transfer on insured’s liability) omit subsections (4) and (5).
(7) In section 19A(1) (interpretation) omit “and 14(4)”.

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111148358/schedule/1/paragraph/35 (the official version)
Page: https://openlegislation.uk/draft-bankruptcy-scotland-act-2016-consequential-provisions-and-modifications-order-2016/schedule-1/paragraph-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.